SUPREME COURT OF QUEENSLAND
CITATION:
Murphy Operator & Ors v Gladstone Ports Corporation (No 7) [2021] QSC 18
PARTIES:
MURPHY OPERATOR PTY LTD
ACN 088 269 596(first applicant)
TOBARI PTY LTD
ACN 010 172 237(second applicant)
SPW VENTURES PTY LTD
ACN 135 830 036
(third applicant)
v
GLADSTONE PORTS CORPORATION LIMITED
ACN 131 965 896
(respondent)FILE NO/S:
BS No 7495 of 2017
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT: Supreme Court at Brisbane
DELIVERED ON:
12 February 2021
DELIVERED AT:
Rockhampton
HEARING DATE:
2 February 2021
JUDGE:
Crow J
ORDER:
1. The application filed 11 December 2020 is dismissed.
2. If the parties cannot agree as to the appropriate cost order, then they are to file and serve written submissions on costs as follows:
a. The applicants within 7 days herein; and
b. The respondent within 14 days herein.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PROCEDURAL ASPECTS OF EVIDENCE – EXPERT REPORTS AND EXPERT EVIDENCE – DISCLOSURE OF REPORTS – where the proceeding is a group proceeding – where group-wide expert reports regarding quantum are required for court ordered mediation – where plaintiff-specific expert reports regarding liability and quantum for the lead plaintiffs are required for the initial trial – where, necessarily, the group-wide expert reports and the plaintiff-specific expert reports will differ in regards to analyses and modelling - where the expert reports prepared for mediation must be disclosed under r 212 of the Uniform Civil Procedure Rules 1999 (Qld) – where the applicant applies, pursuant to r 367 of the Uniform Civil Procedure Rules 1999 (Qld) or, in the alternative, s 103ZA of Civil Proceedings Act 2011 (Qld), to have the requirement to disclose mediation reports dispensed with on the basis that the differences between group-wide and plaintiff-specific expert reports would expose the expert or experts to much more extensive cross-examination than usual – whether it is in the interests of justice to dispense with the requirement for the group-wide mediation reports to be disclosed
Civil Proceedings Act 2011 (Qld), s 53, s 103ZA
Uniform Civil Procedure Rules 1999 (Qld), r 212, r 367, r 428Allianz Australia Insurance Ltd v Mashaghati [2018] 1 Qd R 429; [2017] QCA 127, followed
Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21, followed
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22, cited
Green & Ors v Pearson [2014] QCA 110, cited
Interchase Corporation Ltd (in liq) v Grosvenor Hill (Queensland) Pty Ltd (No 1) [1999] 1 Qd R 141; [1997] QCA 450, followed
Mitchell Contractors Pty Ltd v Townsville-Thuringowa Water Supply Joint Board [2005] 1 Qd R 373; [2004] QSC 329, followed
Murphy Operator Pty Ltd v Gladstone Ports Corporation [2019] 3 Qd R 225; [2019] QSC 12, followed
Parr v Bavarian Steakhouse Pty Ltd [2001] 2 Qd R 196; [2000] QCA 429, followedCOUNSEL: L W L Armstrong QC, with M J May, for the applicants
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- Case
- [2021] QSC 18
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether it was in the interests of justice to dispense with the requirement for the group-wide mediation reports to be disclosed. The court considered the arguments presented by both parties and ultimately decided that the requirement to disclose the group-wide expert reports should not be dispensed with. The court found that the differences between the group-wide reports and the plaintiff-specific reports did not necessarily mean that the expert would be exposed to much more extensive cross-examination than usual. Furthermore, the court found that the current regime for the disclosure of expert reports under r 212 of the UCPR was deliberate in its choice in promoting transparency in expert reports and was intended to discourage partisanship in expert reports.
The court dismissed the applicant's application to have the requirement to disclose mediation reports dispensed with. If the parties cannot agree as to the appropriate cost order, then they are to file and serve written submissions on costs as follows: a. The applicants within 7 days herein; and b. The respondent within 14 days herein.
Orders
Orders of the court
1. The application filed 11 December 2020 is dismissed.
2. If the parties cannot agree as to the appropriate cost order, then they are to file and serve written submissions on costs as follows:
a. The applicants within 7 days herein; and
b. The respondent within 14 days herein.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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